28 CA ADC § 1300.41.8


      28 CCR s 1300.41.8

      Cal. Admin. Code tit. 28, s 1300.41.8


      CALIFORNIA CODE OF REGULATIONS
      TITLE 28. MANAGED HEALTH CARE
      DIVISION 1. THE DEPARTMENT OF MANAGED HEALTH CARE
      CHAPTER 1. DEPARTMENT ADMINISTRATION
      ARTICLE 3. ELECTRONIC FILING
      This database is current through 06/09/06, Register 2006, No. 23.

      s 1300.41.8. Electronic Filing.

      (a) Definitions:

      (1) "Electronic" means relating to technology having electrical, digital, 
      magnetic, wireless, optical, electromagnetic, or similar capabilities;

      (2) "Electronic signature" means an electronic sound, symbol, or process 
      attached to or logically associated with an electronic record, executed or 
      adopted by a party with the intent to represent a manual signature.

      (b) Notwithstanding any other provision of the regulations contained in 
      title 28 of the CCR, plans shall file electronically any document required 
      or permitted by law to be filed with the Department, or its designated 
      agent, except as specified in subsection (d).

      (c) Signatures:

      (1) The Plan shall submit to the Director for approval, the manner, type, 
      and format of signatures, including electronic signatures, which shall be 
      required by the Department to be affixed to all filings.

      (2) Prior to submitting electronically, the plan shall certify, under 
      penalty of perjury, that all statements within all documents filed 
      electronically with the Department are true and correct.

      (3) Electronic signatures may be used to sign a legally effective 
      declaration under penalty of perjury.

      (4) If notarization is required, an electronic signature to be notarized 
      must be accompanied by the electronic signature of a notary public and 
      must include all other information to render the notarization effective 
      under California law.

      (5) The signature requirements apply to all plans, and their designated 
      agents or representatives.

      (d) The Director may grant a one-time limited exemption upon a 
      satisfactory showing that a plan lacks the electronic capacity to satisfy 
      the requirements for electronic filings.


      Note: Authority cited: Section 1344, Health and Safety Code. Reference: 
      Sections 1341.8, 1349, 1351, 1352, 1386 and 1387, Health and Safety Code; 
      Sections 1633.1-1633.17, Civil Code (Uniform Electronic Transactions Act); 
      and Section 16.5, Government Code. 


       HISTORY 
         
      1. New section filed 12-27-2001 as an emergency; operative 12-27-2001 
      (Register
      2001, No. 52). A Certificate of Compliance must be transmitted to OAL by 
4-
      24-2002 or emergency language will be repealed by operation of law on the
      following day.

      2. New section refiled 4-24-2002 as an emergency; operative 4-24-2002 
      (Register
      2002, No. 17). A Certificate of Compliance must be transmitted to OAL by 
8-
      22-2002 or emergency language will be repealed by operation of law on the
      following day.

      3. Certificate of Compliance as to 4-24-2002 order transmitted to OAL 
      6-28-2002
      and filed 8-8-2002 (Register 2002, No. 32).

      4. New article 3 heading filed 8-12-2002; operative 9-11-2002 (Register 
      2002, 
      No. 33).
      28 CA ADC s 1300.41.8

      END OF DOCUMENT

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